trucking industry
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: business will have national importance due to industry importance
Evidence type: advisory opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the advisory opinion is of little probative value as Dr. [name] evaluation repeatedly makes conclusory statements on national importance without sufficient basis”
Decision PDF, p. 4Open source PDF
Petitioner argued: business will have significant potential to employ U.S. workers and have substantial positive economic effects
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the plan does not explain how these forecasts were calculated, or adequately clarify how these projections will be realized, nor does the record contain evidence to support the business plan's financial projections”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor is nationally important because it will revolutionize the vehicle and equipment transportation industry
Evidence type: appeal brief
USCIS finding: INSUFFICIENT
“the brief and the record does not explain how the business would impact the overall field more broadly beyond its clients on the level of national importance”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDWhat this decision can’t tell you
This decision comes from a case that was denied and then appealed. Every case here is in that position — it cannot be used to estimate an overall approval rate, and it cannot predict the outcome of any individual case, including yours. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision turned on national importance. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's advisory opinion letter insufficient to establish that business will have national importance due to industry importance. What would make comparable evidence in my own case more persuasive?
- What in my own case most resembles the specific facts USCIS focused on in this decision?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?